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Report to Arts, Culture, Recreation and Community SPC

9th November 2015

Item No. 3

Review of the Street Performers Bye-Laws 2015

Background

Street Performance is a time honoured art form in Dublin which enhances the character of the City and adds to its attractiveness and colour as well as providing a welcome addition to the programming of diverse on-street entertainment. While this activity is generally welcomed by the Irish public and by Tourists to the City, there was a significant increase in recent years in the number of complaints to the City Council and to An Garda Síochána from various businesses in the city, from workers/staff in city shops and offices and from the general public.

In 2012 the City Council while strongly supporting the continuation of Street Performance in the Cityagreed that somelevel of regulation was necessary and initially a Voluntary Code of Conduct was implemented but ultimately this exercise did not succeed. A draft set of Bye Laws was formulated in 2013 but following a public consultation process we reached the conclusion that these particular draft Bye Laws were weak and that they would be very difficult to enforce.

A new proposal on Bye Laws based on a permit system was developed and the revised draft set of bye laws was put out to public consultation in November 2014. A total of 88 submissions were received and the main issues identified were excessive noise, times performers could operate, entrances to businesses and residents being obstructed, designated performance areas and the proposed ban on potentially dangerous performances.

The draft Bye-Laws were revised to take account of the submissions made and were discussed at a special meeting of the Arts Strategic Policy Committee on 19th January 2015. Regarding the issue of excessive noise the Committee agreed that an outright ban on amplification would be excessive and that a Bye-Law setting a noise limit of 80 decibels was a more balanced option.

The revised draft Bye-Laws were presented to the City Council at its meeting on 2nd February 2015 and the Members voted to make the Bye-Laws subject to an amendment to Bye-Law No. 9 to include a provision for a lower sound level limit of 75 decibels in the Temple Bar area and a requirement that they be reviewed after a period of six months in operation.

The Street Performers Bye-Laws came into effect on 7th April 2015.

Review

We consider that the Street Performers Bye-Laws have worked quite well and that they have made a difference on the streets. They have been generally well received and the level of compliance has been good but a number of issues have arisen some of which we expected and others which we could not have foreseen. Consequently, it is necessary to consider some amendments and additions to address these issues. It is very important to recognise that it is difficult to regulate and enforce behaviour on city streets so any such Bye Laws or amendments need to be sensible and enforceable. The introduction of Bye Laws by Dublin City Council does not result in any additional resources for enforcement and it also can lead to unreasonable expectations from some people for zero tolerance and rigid implementation when common sense and a level of flexibility might be more appropriate.

Permits

The annual permit system is simple and has worked well but it requires modification. More than 470 permits and 250 amplification permits were issued by early October and while we made no initial estimate on the likely level of applications we consider these numbers to be much higher than anticipated.

In view of this and certain other factors, it is likely that we will have to consider limiting the numbers of permits in the future and it is proposed to add a Bye-Law to grant us the power to set such limits.

The exceptional popularity of Grafton Street as a performance location causes particular problems as outlined later and we consider that it will be necessary to introduce a special permit for that street possibly subject to additional terms and conditions.

A significant number of applicants are visitors who are only staying in Dublin for short periods. For this reason, we propose to introduce a short term visitor permit which will be valid for a period of two weeks and can be renewed just once in a twelve month period.

Definition of Street Performance

The high level of applications is partly attributable to the wide definition of performance set out in the Bye-Laws. It was evident from an early stage that some applicants viewed the Bye-Laws as a means to obtain a permit to engage in practices which occupy the grey area between performance and casual trading.

These would include practices such as face painting, hair braiding, caricature painting and any activity where a member of the public exchanges money for an object or goods of any sort.

We have also been approached by funfair type “acts” which involve invitingmembers of the public to have a go at challenges for which a prize is offered to successful participants. Participants are charged to partake and it is unquestionably not street performance.

In order to remove the ambiguity caused by such a lengthy definition of performance it is proposed to simplify that definition and to add a list of exclusions.

Performance Locations andProhibited Places

The prohibition on street performance which relates to two locations in Temple Bar and outside the GPO has worked well once awareness of the restrictions grew. It has been suggested that the restriction on performance outside the GPO could be eased to allow performance after 7.00pm and at weekends. We think this is reasonable and are proposing that an amendment to the Bye-Laws to allow this is worthy of consideration. It is proposed that the restriction in Temple Bar be extended to cover the area from the junction of Anglesea Street to the junction of Asdils Row. This is in recognition of the number of residents at the newly refurbished Crampton Court premises.

Apart from the prohibited places specified no other restrictions were placed on performance locations in the Bye-Laws apart from a time restriction on pedestrian streets. It is now clear however that certain locations are unsuitable for some acts including dance troupes and circus performers which use larger performance areas and attract large crowds.

We receive regular complaints about severe congestion on Grafton Street and are now proposing to restricting dance troupes, circle acts and bands of more than three members to the St. Stephens Green end of the street where there is a much larger space available.

Compliance and Enforcement

Once performers became aware of the need to apply for a permit the compliance rate was well in excess of 95% with only a small number of performers refusing to apply for a permit.

The majority of performers have complied with the Bye-Laws governing performance times, locations and prohibited places. Some breach the rules and others have sought ways around them. The two hour performance limit is being abused and requires amendment. We are proposing that the maximum time a performer can occupy a location for should be reduced to one hour from arrival to departure.

In the early stages our policy was to take a light handed approach while awareness of the Bye-Laws became embedded but warning notices and fines are now issued for repeated and flagrantbreaches. More than 110 warning notices and 30 fines were issued to mid-October. In addition two performers have had their permits revoked.

Some complaints have been received and the source of mostof these hasbeen staff in business premises and shops. The majority of complaints relate to excessive volume but other causes of annoyance relate to performers outstaying the two hour limit, causing congestion and lack of talent and repertoire.An exasperating issue for our Authorised Officers dealing with performers who outstay the time limit is establishing exactly when the performances began.

Other cities have performance time slots commencing on the hour and we feel that combined with a reduction in the permitted performance time to one hour such a system in Dublin would be easier to monitor and enforce. A maximum performance time of one hour would also ensure more performers have an opportunity to play.

This is primarily an issue with musical, dance and circle acts. Consequently, we are proposing that a Bye-Law be added to introduce one hour time slots commencing and ending on the hour mark for musical, dance and circle acts only.

Amplification

Following lengthy comment and debate provision for the use of amplifiers was included in the Bye-Laws subject to a decibel limit of 80db (75db in Temple Bar). More than 250 amplification permits have been issued representing 55% of performers.

Our Authorised Officers are equipped with digital sound meters and measure the volume level of performers from a range of distances. We consider that performers’ noise levels have reduced overall since the introduction of the Bye-Laws but acknowledge that excessive volume remains the subject of the majority of complaints received. Most performers comply with requests to lower their volume but some would again raise the level following departure of the Authorised Officer.

In reviewing the operation of this particular Bye-Law it is difficult to achieve an acceptable middle ground between those who want a total ban and the performers who are adamant that amplification is an essential part of their acts.

The principle options on noise levels include:

  1. A total ban on the use of amplification.
  2. A ban on amplification at certain locations and/or at certain times.
  3. Amend the existing Bye-Law of a sound limit of 80 decibels to include a set measurement distance and recording interval.
  4. Introduce a revised sound limit of 100 decibels at a distance of one foot from the front of an amplifier. This has been suggested by street performers on the basis that there is almost no ambient noise distorting the reading at such a distance and that the decibel level further away would be significantly lower.

We are of the opinion that leaving the decibel level at 80db but including a fixed measurement distance and recording interval is the best option.

Amplification also allows the use of backing tracks by some performers. Apart from their volume backing tracks are a source of further complaint due to their repetitive nature and questionable quality. In view of this we are proposing that the use of backing tracks is not permitted except in the case of dance and circle acts.

Behaviour and Conduct

It is proposed to add Bye-Laws setting out standards of behaviour and conduct which we expect from performers and prohibiting the use of lewd, offensive or racist language or lyrics.

Standard of Performance

A regular cause of annoyance and complaint is the poor standard performers and limited repertoires of songs. Some applicants clearly possess little or no musical ability and are using instruments merely as props to solicit contributions.

For this reason it is proposed to include in the revised Bye-Laws a provision for the introduction of auditions or other measures to determine the ability of performers. In addition to this, it is proposed to require performers to demonstrate that they have an appropriate repertoire of songs to prevent unnecessary repetition.

Sale of CDs/Merchandise

A large number of street musicians sell CDs and, occasionally, other merchandise. This was not covered in the current Bye-Laws as it was considered to be casual trading. However, the practice is widespread among street performers worldwide and it is now proposed that consideration should be given to introducing a permit for the sale of CDs and other media (excluding any other merchandise) containing the performer’s original work and to provide for this in the revised Street Performers Bye-Laws and in the forthcoming review of the Casual Trading Bye-Laws.

Summary

Prior to the introduction of these Bye-Laws last April there was no regulation at all in place to control Street Performance. The Bye-Laws have empowered for the first time the City Council and the Gardai to deal with issues that have arisen witha growing numbers of performers and complaints from businesses in the city, from workers/staff in city shops and offices and from the general public.

After six months in operation we consider that the Bye-Laws have worked quite well and have made a difference on the streets. Compliance has been generally good but some modifications and amendments are necessary to address certain weaknesses and omissions.

Amplification remains the issue that polarizes opinion and careful consideration will be necessary as to what changes are required to address this to the satisfaction of all. Getting this right is critical and central to whether or not the Bye-Laws will be successful in the long term.

The proposed changes to amend the permitted length of performances and locations where certain types of acts can perform will, we feel, assist in mitigating the effect of amplified sound levels and enable us to monitor and enforce the laws more effectively.

We also consider that other measures such as special permits for Grafton Street and a limit on the overall number of permits are inevitable. In view of the very high number of performers who wish to play on our streets it is also important that we take steps to ensure that the overall standard of performance is high and we will consider the introduction of auditions or other means to determine ability to perform.

Dublin City Council is committed to encouraging and preserving street performance and recognises the vibrancy it brings to the city. These Bye-Laws are essential to ensure a reasonable balance between this activity and the concerns of the business sector, residents and general public. The proposed changes reflect issues that have arisen during the last six months and we are confident they will strengthen the Bye-Laws further without introducing any element of over-regulation.

If endorsed by the Strategic Policy Committee the draft revised Bye Laws will be presented to the the full City Council prior to going out for a period of public consultation.

Brendan Kenny

Assistant Chief Executive

9th November 2015

APPENDIX

Street Performance Bye-Laws 2015 – Proposed Changes

Long Title:

The Lord Mayor and Members of Dublin City Council (hereinafter referred to as “The Council”) in exercise of the powers conferred on them bySection 199 of the Local Government Act 2001, hereby make the following Bye-Laws in relation to the Control of Street Performers in the administrative area of Dublin City Council.

Preliminary:

Short Title: / These Bye-Laws may be cited as the Street Performers Bye-Laws 2015
Area of Application: / These Bye-Laws apply to the administrative area of Dublin City Council.
Commencement Date: / These Bye-Laws shall come into effect on the 7th April 2015.

Definitions:

In these Bye-Laws the following words or phrases shall have the meanings hereby expressly given to them that is to say:-

The Act: / Means the Local Government Act, 2001
Amplification: / Means using an electronic device to increase the volume of a musical instrument.
Authorised Person: / Means a person authorised in writing by the Council pursuant to and for the purposes of Section 204 of the Local Government Act 2001 or a member of An Garda Siochána.
Circle Act: / Means street performers that have a structured performance or routine that requires the audience to stop, watch and/ or participate. Performances may incorporate elements of street theatre, puppetry, dance, comedy, fire manipulation, juggling and acrobatics and may involve the use of dangerous properties as part of the act.
The Council: / Means Dublin City Council
Dangerous Properties: / Means substances that are flammable, toxic or hazardous and items including but not limited to sharp implements or those that pose a risk /capable of causing bodily harm such as swords, knives and axes.
Public Place: / Means any street, road, footpath, open space, beach, public park, green space and amenity areas, including the Liffey Boardwalk, and such like places in the charge or ownership of Dublin City Council.
Perform:
Add definition of Excluded Activities: / Means to engage in any type of performance or exhibition with the reasonable expectation or opportunity of receiving donations and without prejudice to the generality such performance or exhibition shall include playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, engaging in magic, circus based skills, human statues, balloon modelling, street theatre, poetry or acts of a similar nature, clowning, pavement art, musical or theatrical performance skills, creating visual art, three dimensional work of art which is created through shaping solid material such as wood, stone, clay, sand or metal by carving, modelling or similar methods, in its entirety, or similar artistic endeavours, sculptures or drawings and paintings, applied to paper, cardboard, canvas, or other similar or technologically equivalent medium through the use of brush, pastel, crayon, pencil, stylus, or other similar object or doing other acts of a similar nature in a public space and any other type of performance or exhibition not specifically listed but which would be similar in character; and the words Performance and to Perform shall be construed accordingly.
Means any activity/practice where a good or service of any sort is offered to members of the public in exchange for payment including but not limited to face painting, caricature painting, hair braiding, jewellery making, paintings, photographic images, games of chance, or any activity/practice which involves the participation of a member of the pubic.
Permit Holder: / Means a person who holds a Street Performance Permit and/or a Permit to use Amplification
Street Performer: / Means a person who performs in a public place.
Street Performance Permit: / Means a Permit to perform in a public place issued under these Bye Laws
Permit to use Amplification: / Means a Permit issued to a Street Performer under these Bye-Laws to use amplification.
Prohibited Place:
Amend definition of Prohibited Place: / Means any place outside the GPO as shown highlighted on map index SM-2015-0085, any place on the street known as Temple Bar between the junction at Fownes Street/Fownes Street Lower and the junction at Temple Lane South and any place on East Essex Street between the junction at Temple Lane South and the junction at Eustace Street. The prohibited places in Temple Bar are as shown highlighted on map index SM-2015-0040.
Means (a) any place outside the GPO as shown highlighted on map index SM-2015-0085 between the hours of 11.00pm and 7.00pm Monday – Saturday (b) any place on the street known as Temple Bar between the junction at Fownes Street/Fownes Street Lower and the junction at Temple Lane South, (c) any place on Fleet Street between the junction at Anglesea Street and the junction at Asdill’s Row and (d) any place on East Essex Street between the junction at Temple Lane South and the junction at Eustace Street. The prohibited places in Temple Bar are as shown highlighted on map index SM-2015-0040 (to be redrawn).

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